SZNRE v Minister for Immigration and Citizenship [2009] FCA 1333

SZNRE v Minister for Immigration and Citizenship [2009] FCA 1333

The sole ground of appeal failed because the appellant did not identify any relevant invitation, the assumed basis of the argument in SZNAV could not assist him after SZNAV was set aside by the Full Court, the wording of the Tribunal's Acknowledgement of Application letter in this case was in any event materially different and not directive, and there was no evidence of any other Tribunal request for information requiring compliance with s 424. Accordingly, no error was shown in the Federal Magistrate's decision.

Jurisdiction
Australia
Judgment Date
19 November 2009
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424' 'relocation Within Country of Nationality']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424' 'relocation Within Country of Nationality']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in rejecting the claim that the Tribunal failed to comply with s 424 of the Migration Act 1958 (Cth).' "Whether the Tribunal's Acknowledgement of Application letter was an invitation or formal request for information requiring compliance with ss 424(3) and 424B of the Migration Act 1958 (Cth)." "Whether the appellant's reliance on SZNAV & Ors v Minister for Immigration & Anor [2009] FMCA 693 could support the appeal after that decision was set aside by the Full Court."]

Ratio Decidendi

The sole ground of appeal failed because the appellant did not identify any relevant invitation, the assumed basis of the argument in SZNAV could not assist him after SZNAV was set aside by the Full Court, the wording of the Tribunal's Acknowledgement of Application letter in this case was in any event materially different and not directive, and there was no evidence of any other Tribunal request for information requiring compliance with s 424. Accordingly, no error was shown in the Federal Magistrate's decision.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']